Man who breached restraining order with a phone call gets extended ban

Published:13:12Thursday 04 August 2016

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A man who contacted his ex-partner and breached a restraining order just one month before it was about to expire has had the order extended for a further six months.

Chesterfield magistrates’ court heard on Wednesday, August 3, how Dario Biasi, 24, of Buxton Road, Whaley Bridge, phoned and texted Lisa Matthews on July 9 to talk and to say he wanted to see their child.

Prosecuting solicitor Rod Chapman said: “The complainant was the beneficiary of a restraining order which had been imposed on the defendant in August, 2014, to last for two years.

“But on July 9 the complainant received a call to her mobile phone and she was not aware of the caller’s identity so she sent a text asking who was calling.

“The defendant rang back instead of texting and she informed him he was not allowed to contact her and she didn’t want the contact and she terminated the call.”

Mr Chapman added that Biasi then sent a text and said he wanted to talk and wanted to see her son.

Joiner Biasi told police he genuinely believed the restraining order had expired but when he was shown the details he accepted he had breached the order by contacting Ms Matthews.

Biasi, who has three previous convictions, pleaded guilty to breaching the restraining order.

Defence solicitor Kirsten Collings explained that he called to make child contact arrangements and he did not make any threats.

She added: “This is the first breach of the order only a month prior to it coming to an end and the call was made in the honest belief the order was over.”

Magistrates sentenced Biasi to a six-month conditional discharge but warned that he could be re-sentenced for the breach if he commits any further offence.

The restraining order was also extended for a further six months and Biasi was also ordered to pay £85 costs and a £20 victim surcharge.